Democrats and Republicans locked horns today at a mark-up hearing on yet another bill aimed at creating new regulations around digital assets, and familiar wounds tied to the SEC and failed exchange FTX loomed large over the debate.
Members of the House Financial Services Committee lawmakers aired their frustrations with one another over different aspects of the legislation, called the Financial Innovation and Technology (FIT) for the 21st Century Act. Rep. Maxine Waters (D-CA), the ranking Democrat on the committee, assailed the bill as a “wish list” for the crypto industry, who she accused of refusing to follow existing laws.
“We don't need to invent new regulatory structures simply because crypto companies refuse to follow the rules of the road,” said Waters in her opening statement.
House Crypto Bill Won’t Restrain SEC and Could Threaten DeFi, Legal Experts Say
U.S. lawmakers rolled out a much anticipated digital assets bill yesterday, raising hopes that it will end what the crypto industry sees as an unfairly hostile regulatory environment. But some experts say the bill’s vague language, and in particular a provision that could threaten the DeFi market, won’t do much to hold back the SEC and its enforcement approach to crypto. "I think that we're working backwards if we're bringing more ambiguity to what's going on," Billy Sebell, executive director...
Waters went on to set the tone for much of her party’s opposition to the bill by slamming provisions that she said provided inadequate protections for consumers and investors, while doing little of what it set out to do—clarify the regulatory landscape.
Rep. Ayanna Pressley (D-Mass), a progressive Democrat, similarly criticized the FIT for what she said was its weaker consumer protections, and for leaving out disclosure requirements that would ward off conflicts of interest. Invoking the collapse of failed cryptoexchange FTX last year, Presley called on her colleagues to "oppose this inadequate bill."
Republicans, in turn, rebuked Democratic members and their claims of inadequate consumer protections. Rep. Patrick McHenry (R-NC), the committee’s chairman and a strong supporter of the bill, rejected arguments that the bill lacks protections for consumers or investors. He said that the bill may not be perfect, but it is “better at worst case” than the current regulatory regime.
Bipartisan Bill Would Give US Treasury Authority Over DeFi
A bipartisan group of Senators introduced a bill on Wednesday that would require decentralized finance (DeFi) services to abide by the same compliance rules as financial firms like banks and centralized crypto exchanges. The legislation, sponsored by Jack Reed (D-RI), aims to reign in “criminals, drug traffickers, and hostile state actors such as North Korea,” who’ve used decentralized finance for nefarious purposes, according to a description of the bill reviewed by Decrypt. Named the Crypto-As...
"I urge you—whether or not you like digital assets or think its the bane of existence—we need to pass this bill and consumers and Americans will be better off for the future, whether you like them or you don't," said McHenry.
Jack Solowey, a policy analyst at D.C.-based libertarian think tank Cato Institute, called claims that the FIT bill lacked meaningful protections was "profoundly mistaken," and said the bill would fill holes on this left in the current system.
"Opposing the bill's framework on consumer protection grounds is particularly shortsighted," Soloway told Decrypt.
Crypto Leaders Praise Draft GOP Bill, Dems Raise Concerns
For the second time in a week, crypto executives assembled before Congress to lend their support to a draft bill that would regulate digital assets in an increasingly hostile regulatory environment. In a hearing before the House Financial Services Committee on Tuesday, executives from large crypto firms like Ava Labs and Circle shared their views on the Digital Asset Market Structure Discussion Draft, authored by members of the committee as well as the House Agriculture Committee. Jeremy Allai...
Though most Democrats stayed united in opposition, it was not unanimous. Rep. Ritchie Torres (D-NY), who has been sharply critical of the SEC’s approach to regulating digital assets, joined Republicans in lambasting the current regime, which he categorized as “dangerously de-regulated,” and in need of a refit.
"This legislation is far from perfect, but it represents a good-faith attempt to create clarity where none exists," said Torres. "I will not let perfect be the enemy of good."
Today’s rancorous hearing is the latest bump in the road for the FIT act since its Republicans sponsors introduced it last week. Many lawmakers, including Republicans, acknowledged that it may not be perfect, but left open the door to returning to patch up any issues.
What is MiCA? The European Union’s Landmark Crypto Regulation Explained
Markets in Crypto Assets (MiCA) is a piece of European Union regulation that will likely become law in July 2023, with some of its rules taking effect in July 2024 and others by January 2025. It is part of a wider digital finance package that has been put together within the EU, and has been hailed as the most significant crypto-specific regulation anywhere in the world. But what does it involve? What does MiCA apply to? According to the most recent available version of the text, MiCA applies to...
For the most part, the crypto industry has been widely supportive of the bill during its crafting process. However, legal experts have told Decrypt that the proposed framework included language that could leave ambiguity in the regulatory space, and cause harm to those in the DeFi space.
The mark-up period will continue into a second day on Thursday, and it is a step that is usually taken before a proposal is taken before the House floor for a vote. Usually, a mark-up is reserved for bills that are expected to receive a majority of support to pass, and Republicans currently control the House by a slim margin.
